JOHNSON v. BOWSER et al

Filing 4

MEMORANDUM AND OPINION. Signed by Judge Ana C. Reyes on 11/21/2024. (znmw)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JAMES F. JOHNSON,

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Plaintiff,
v.
MURIEL BOWSER, et al.,
Defendants.

Civil Action No. 24-3101 (UNA)

MEMORANDUM OPINION
It appears that Plaintiff is the recipient of multiple photo enforcement tickets because a
motor vehicle registered in his name was detected speeding and committing other traffic
infractions. See generally Compl. (ECF No. 1), Ex. (ECF No. 1-1 at 4, 9, 22-23, 26) (page
numbers designated by CM/ECF). It further appears that Plaintiff unsuccessfully contested
certain tickets. See, e.g., id., Ex. (ECF No. 1-1 at 9-11, 25). Plaintiff estimates that his fines and
penalties total approximately $8,000. See id. at 4. In this action, Plaintiff demands a hearing, see
id., and a declaratory judgment, see, e.g., id. at 1, 2, deeming the tickets invalid and dismissing
them, see id. at 4. Plaintiff has chosen the wrong forum for adjudication of his claims.
A Hearing Examiner conducts a hearing for the adjudication of traffic infractions. See
D.C. Code §§ 50-2302.06 (moving infractions), 50-2303.06 (parking, standing, stopping
infractions); 18 D.C. Mun. Regs. §§ 1004, 1007, 1041. If the vehicle operator is found liable, he
or she may request reconsideration, see D.C. Code § 50-2303.11(a), and if reconsideration is
denied, he or she may appeal the Hearing Examiner’s decision to the Traffic Adjudication
Appeals Board (“TAAB”) of the District of Columbia Department of Public Works, see D.C.

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Code § 50-2304.02(a); 18 D.C. Mun. Regs. §§ 1042.2, 1044. An appeal of the TAAB’s decision
goes before the Superior Court of the District of Columbia. See D.C. Code § 50-2304.05.
The Court GRANTS Plaintiff’s application to proceed in forma pauperis (ECF No. 2),
DISMISSES the complaint without prejudice, and DENIES Plaintiff’s motion for appointment of
counsel (ECF No. 3) without prejudice as moot. An Order is issued separately.

DATE: November 21, 2024

ANA C. REYES
United States District Judge

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